Domain names have provided a good deal of fodder for the courts over the past few years. One need look only to the last year’s case law to find numerous examples of companies complaining about others’ use of domain names that divert or confuse customers. Usually the controversy arises when someone purchases a domain name with a word (say “Lexus”) in it that another company claims an exclusive right to. These allegedly wrongful purchasers are usually divided into two camps—those who claim a right to use the word as part of their business (“Lexus-broker.com” for a licensed Lexus broker, for example) and those who wrongfully “squat” on the name and attempt to extort an unreasonable sum from the rightful owner of the mark in exchange for the domain (or to wrongfully divert customers to a site that has nothing to do with the name in question).

While rightful users (like the Lexus brokers) are starting to get consistent relief in the courts, and cybersquatters can be dealt with through a uniform dispute process, a new top-level domain name promises to spice things up considerably in this area: on March 18, 2011, ICANN (the international body that administers domain names) approved the .XXX top-level domain name for—you guessed it—sites providing pornographic content.

Ostensibly, the point of the .XXX domain name is to separate porn from other sites—to keep kids from “mistakenly” stumbling onto adult-content websites when they’re really, honestly, just trying to do their homework. Also, parents can much more easily lock out an entire domain name than individual sites (sorry, kids). So far, so good. But imagine, now, that one morning you’re setting out to peruse Lexus’s website to see next season’s body types, and let’s imagine that you type “Lexus” into Google and click on the first result: lexus.xxx. You may very well see new body types, but one most likely won’t be the LS Hybrid. Think you’re upset? How do you think Lexus feels?

Well, the thoughtful folks at ICANN have come up with a solution: by clicking on https://domains.icmregistry.com/reserve.html, companies and individuals can reserve, in .XXX, domain names that include their name or trademark. Reservations are being taken now, and purchasing will begin in summer of 2011. ICM (http://www.icmregistry.com/about/icm.php) will be the exclusive registry operator, and domain names will cost in the neighborhood of $60. Domain name holders and companies who value their reputation are well advised to reserve their domains now and buy as soon as possible. And if you’re thinking of reserving barelylegalzoom.xxx, you can forget it—we’ve got it already.

The XXX extension will have no affect on adult Dotcom websites; adult Dotcoms will remain unchanged. Furthermore, with so much adverse publicity (including Government blocks) many will look to avoid XXX completely. For those compelled to reserve domains defensively, it’s likely that anonymity will be required as names get set as Unknown. The outcome? Perhaps a mass of “For Sale” signs by speculators looking to offload their XXX investments. Actually, the new XXX webspace could well be the only place on the Internet that’s 100% free of pornography.

All ICANN has done here is to advance fragmentation of the Web and encourage people to find new ways of making the most of their surfing experience. The result is that Internet users are now bypassing ICANN to create their own unique, memorable and personalised range of brand new Dashcom Domains and TLDs, totally free.

Sites such as Dashworlds.com now provide brand new Dashcom (not Dotcom) domain names. Dashcoms are addresses in format “music-com”, “stock-market”, “social-network” and even using Facebook emoticons like “♫♫-♫♫” (plus of course any XXX you may/may not desire). Totally outside the realm and control of ICANN, Internet users can create any domain or TLD in any language, instantly and at no cost.

With users and members in over 90 countries worldwide, resolution is via an APP; although new ISP Links are available to make this unnecessary (ISP Links that are also available to ICANN).

Having just one Internet floating in infinite cyberspace is like giving people tickets to visit all America and then limiting their stay to the Brooklyn Bridge. So now, just as in America (and everywhere else in the world) the Internet has more than one option.

An initial question: why wouldn’t purveyors of pornography want to enable purposeful users more ease of access? In other words, why wouldn’t someone looking for porn go right for a .xxx site? Seems to me that porn sites would want to capture intentional users like those as efficiently as possible–honest mistaken traffic can’t possibly account for a majority of their business.

Further, I find it interesting that you suggest ICANN is increasing fragmentation of the Internet by proposing new suffixes–interesting for two reasons.

Reason number one is that, while ICANN is, indeed, offering .XXX as a proposed solution to “accidental” viewing of pornography by minors and other “unintended” viewers, ICANN is also, at the same time, offering what seems to be the Great Unifier of the Internet: “.yourbrand” which would allow purchase of unique domain-name suffixes and, one imagines, allow greater certainty of destination on that basis. There is, of course, a litany of concerns that militate against this–and debate over the gLTD initiative, as it’s been called, has been robust to say the least–but it is one proposal that seems to address your fragmentation concern. What is your position on gLTDs?

Second, though, and of greater interest in this particular conversation (at least to me) is that Dashworlds, if I understand correctly, effectively creates an entire second language of Internet addresses within the existing framework. How does this reduce (rather than exacerbate) fragmentation? In other words, wouldn’t users need to wade through TWO sets of possible destinations now–the old world of .com, .net, .biz, .org; and now the new world where Dashworlds hyphenates (complete with symbols and dingbats, it looks like) have to be accounted for as well? You say yourself that you want to add options to the Internet–and even suggest that you think “[h]aving one Internet” is a limiter–doesn’t this conflict with your concerns over fragmentation?

Again, thanks for your input on this. Your post seems pretty much an ad for Dashworlds, but it does raise interesting questions.

I’m a bit confused with this whole .xxx thing. I’m in the process of investing on a few .xxx domains, but they are aready on the .com platform. If i register burgerking.xxx but theres burgerking.com, would that be against the Anti-Cybersquatting Consumer Protection Act?? Please Help

Hi Andrew, and thanks for your question–it’s a good one. You’re going to want to check with ICANN for hard and fast answers–they’ve got regulations that are currently in force and also some still in progress of being rolled out. ICANN’s regulations, and any accompanying commentary from ICANN and other legitimate experts, will be your best source material when deciding how to proceed with your various domain-name investments.

As just one example, I think you might be interested in a process (yet to be implemented, I think) called “Rapid Takedown” which will relate to UDRP proceedings special to .xxx domains.

Finally, based on this randomly chosen registrar’s Agreement with prospective .xxx registrants–https://www.uniteddomains.com/downloads/Registration-Agreement-xxx.pdf–you should be able to glean some of what look to be standard terms that you would and will be held to regarding others’ trademarks, domain names and other rights.

Just a quick question on what to do and correct me or delete my post if it’s not appropriate for this blog…

My company have been domain squatted by a large well known company in the same industry. I own thebesthotelsinthailand.com which was registered about 4 years ago and all the other .org, .info. I don’t know what to do, there are some bad press on a well known travel website forum of the other domain thebesthotelinthailand.com and now it creates big doubt with potential clients and existing clients started to question our good reputation.

While investigating the domain squatter I came across another squatter who uses thebesthotelsthailand.com
also a big well known company… it never ends.

I have send an e-mail to WIPO, no feedback, waiting patiently, if there are any other information you could advise me on… that would be great.

P.S the .xxx domains are becoming expensive especially if you earn in thai baht :o(

Sue, it sounds like you don’t understand the word “squatted”. Unless you have a Trademark on the term “the best hotel in Thailand”, that domain owner isn’t a squatter. Andrew, don’t register that name as it is a famous mark, it will be taken from you and you could be liable for damages. Only register generic names such as dictionary words or phrases.

The takeaway: know the lay of the land before you take any action–whether by using or registering a mark or URL, or by going after someone else for doing that. As Jeff alludes, mistakes here are costly.